Thomasville Premises Liability Attorney

Premises liability is when people get hurt because a place wasn’t kept safe. This can happen at stores, restaurants, or even someone’s house. People might slip on something wet, trip over something left on the floor, or get hurt because a stair was broken. When these accidents happen, people can get really hurt, needing to go to the doctor or even stay in the hospital.

Georgia law (O.C.G.A. § 51-3-1) says that the people who own or look after the place have to make sure it’s safe. If they don’t and someone gets hurt, they might have to help pay for the injured person’s medical bills, the money they lost from not being able to work, and for their pain and suffering.

There’s a rule that says you have two years to ask for help if you get hurt on someone else’s property (O.C.G.A. § 9-3-33). This is important because if you wait too long, you might not be able to get help anymore. Sometimes figuring out who was not careful can be tricky. The law looks at whether the person who got hurt was allowed to be there and whether the owner knew there was something dangerous.

At Wetherington Law Firm, we help people who got hurt because a place wasn’t safe. We know how to talk to the insurance companies and make sure you get the money you need for your medical bills, lost work, and for your pain. Our team takes care of all the hard legal stuff, so you can focus on getting better. If you or someone you know got hurt on someone else’s property, talk to us. We’re ready to help you every step of the way.

Understanding Premises Liability Law in Thomasville

Premises liability law in Thomasville, Georgia, is based on the principle that property owners and occupiers have a duty to keep their premises safe for those who enter. This duty varies depending on the status of the visitor: invitees, licensees, or trespassers.

The highest duty of care is owed to invitees, who enter the property for the mutual benefit of themselves and the property owner, such as customers in a store. Licensees, who are on the property for their own purposes with the owner’s consent, like social guests, are owed a lesser duty. The lowest duty is owed to trespassers, who enter without any right.

Under O.C.G.A. § 51-3-1, property owners must exercise “ordinary care” to keep the premises and approaches safe for invitees. This includes addressing known hazards and conducting reasonable inspections to discover potential dangers. For licensees, under O.C.G.A. § 51-3-2, owners must avoid willful or wanton injury, meaning they should not intentionally harm these visitors and must warn them of known dangers that the visitors are unlikely to discover on their own.

Trespassers, by contrast, are generally not owed a duty of care, except that owners cannot willfully harm them and must warn of known, man-made death traps on the property according to O.C.G.A. § 51-3-3.

In the event of an injury on someone else’s property, proving premises liability involves demonstrating that the property owner or occupier knew or should have known about the hazardous condition and failed to take appropriate action to mitigate the danger. This can include failing to repair a defect, inadequately warning visitors of a danger, or not maintaining the property in a reasonably safe condition.

Common Causes of Premises Liability Injuries

Premises liability injuries can occur under various circumstances due to the negligence or failure of property owners or occupiers to maintain a safe environment. Common causes include:

1. Slip and Fall Accidents: These are the most common premises liability claims and can result from wet floors, icy walkways, uneven surfaces, or poorly maintained carpeting or flooring.
2. Inadequate Maintenance: Failure to properly maintain property, leading to hazards such as broken stairs, potholes, crumbling sidewalks, or faulty electrical wiring that can cause injuries.
3. Defective Conditions: Injuries resulting from structural defects or poorly designed infrastructure, such as inadequate lighting, unsafe balconies, or malfunctioning elevators and escalators.
4. Inadequate Security: Property owners have a duty to provide a reasonably safe environment, which includes adequate security measures in some contexts. Lack of security can lead to assaults or other violent crimes.
5. Obstructions and Clutter: Leaving obstacles or clutter in walkways can cause tripping hazards. This includes items like cords, debris, or any objects that are not properly stored.
6. Toxic Substances: Exposure to toxic substances, such as lead paint, mold, or chemical spills, due to the property owner’s negligence.
7. Swimming Pool Accidents: Injuries or drownings in inadequately secured or maintained swimming pools fall under premises liability, especially if there’s a lack of proper fencing, warning signs, or lifeguard presence.
8. Animal Attacks: Owners can be held liable for injuries caused by animal attacks, particularly if they failed to secure a dangerous pet or did not warn visitors of the potential danger.
9. Falling Objects: Objects that fall from shelves or buildings due to improper securing or maintenance can cause injuries to visitors below.
10. Fire and Water Damage: Injuries resulting from fires or water damage that could have been prevented with proper safety measures and maintenance.

Steps to Take Following a Premises Liability Incident

If you’re involved in a premises liability incident, such as a slip and fall or any injury on someone else’s property, taking the right steps immediately can significantly affect your ability to seek compensation. Here’s what to do:

1. Seek Medical Attention: Your health is the priority. Even if injuries seem minor, some conditions may not be immediately apparent. Documenting your injuries through a medical professional is also crucial for any future claim.
2. Report the Incident: Notify the property owner, manager, or responsible party about the incident as soon as possible. Make sure to get a copy of the report if one is made.
3. Document Everything: Take detailed notes of the incident, including the date and time, what happened, and the conditions that contributed to the incident. Photographs of the scene and your injuries are incredibly valuable.
4. Gather Witness Information: If anyone saw what happened, ask for their contact details. Witness statements can support your version of events.
5. Preserve Evidence: Keep the clothing and shoes you were wearing at the time of the incident in the same condition, as they might be used as evidence.
6. Avoid Giving Detailed Statements: Be cautious about what you say to the property owner or their insurance company. Do not admit fault or provide detailed statements until you’ve consulted with an attorney.
7. Follow Up on Medical Treatment: Continue to follow medical advice and attend all follow-up appointments. This demonstrates the seriousness of your injuries and your commitment to recovery.
8. Consult with a Premises Liability Attorney: Before filing a claim, speak with our attorney. We can provide valuable guidance, help gather additional evidence, and represent you in negotiations or litigation.
9. Avoid Social Media: Do not post details about the incident or your injuries on social media. Insurance companies and defense attorneys might use your posts to undermine your claim.
10. Keep Records of Expenses and Losses: Document all expenses related to the incident, including medical bills, lost wages, and any other costs incurred due to your injuries.

What is premises liability?

Premises liability refers to the legal principle that property owners and occupiers are responsible for maintaining a safe environment on their property. If they fail to do so and someone is injured as a result, the property owner or occupier can be held legally liable for the injuries and damages that occur.

This area of law covers a wide range of incidents, including slip and fall accidents, injuries from defective conditions on the property, inadequate maintenance, insufficient security leading to assaults or thefts, and accidents involving elevators, stairs, or swimming pools, among others.

The core of a premises liability claim is proving that the property owner or occupier knew or should have known about the hazardous condition and failed to take adequate steps to fix it or warn visitors. The specific duties and standards of care can vary depending on the state’s laws and the status of the injured person (e.g., invitee, licensee, or trespasser) at the time of the accident.

In Georgia, premises liability claims are governed by statutes such as O.C.G.A. § 51-3-1 for invitees, detailing that property owners owe a duty of care to keep the premises safe. Victims of premises liability accidents may seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the property owner’s negligence.

How do I know if I have a premises liability claim?

Determining whether you have a valid premises liability claim involves evaluating several key factors related to the incident and the property where it occurred. Here’s how you can assess if you might have a claim:

1. Status of the Injured Person: Your status on the property at the time of the incident influences your rights. Georgia law distinguishes between invitees, licensees, and trespassers, with the highest duty of care owed to invitees (people on the property for mutual benefit, like customers) and the least to trespassers.
2. Property Owner’s Knowledge: A crucial element of a premises liability claim is proving that the property owner or occupier knew or should have known about the hazardous condition and failed to address it. Evidence of prior knowledge or the foreseeability of the hazard is key.
3. Hazardous Condition: Identify the specific condition on the property that caused your injury. Was it a wet floor, uneven sidewalk, poor lighting, or something else? The hazard must be something that the property owner could have fixed or warned about.
4. Causation: There must be a direct link between the hazardous condition and your injury. It’s important to show that the injury was caused by the negligence of the property owner or occupier in failing to maintain a safe environment.
5. Damages: To have a premises liability claim, you must have suffered damages as a result of the incident. This includes physical injuries, medical expenses, lost wages, and pain and suffering.
6. Negligence: Establishing negligence is a cornerstone of a premises liability claim. This means proving that the property owner’s failure to maintain a safe environment or warn of dangers directly resulted in your injury.

What types of injuries are covered under premises liability?

Premises liability covers a wide range of injuries that occur on someone else’s property due to the property owner or occupier’s negligence. These injuries can vary greatly in severity and nature, depending on the specific circumstances of the incident. Here are some common types of injuries that are often covered under premises liability:

1. Slip and Fall Injuries: These can include fractures, sprains, head injuries, and back injuries resulting from slipping on wet or uneven surfaces.
2. Trip and Fall Injuries: Similar to slip and fall injuries, these occur when someone trips over an obstacle or uneven surface, potentially causing broken bones, head trauma, and other injuries.
3. Cuts and Lacerations: Sharp or poorly maintained objects on a property can cause serious cuts or lacerations.
4. Burn Injuries: Exposure to open flames, hot surfaces, or chemicals on someone’s property can result in burns ranging from minor to severe.
5. Electrical Injuries: Faulty wiring or improperly maintained electrical equipment can lead to electrocution or electric shock injuries.
6. Dog Bites and Animal Attacks: Property owners may be held liable for injuries caused by animals on their property, especially if they knew the animal was dangerous.
7. Swimming Pool Injuries: These can include drowning or near-drowning incidents, slip and fall injuries around the pool area, and diving injuries.
8. Toxic Exposure: Exposure to hazardous chemicals or toxic substances on a property can lead to various health issues, including respiratory problems and chemical burns.
9. Head and Brain Injuries: Falls, falling objects, and other accidents can cause traumatic brain injuries (TBIs), concussions, and other head injuries.
10. Spinal Cord Injuries: Severe falls or impacts can lead to spinal cord injuries, potentially resulting in paralysis or other long-term disabilities.
11. Broken Bones and Fractures: Various accidents on poorly maintained properties can lead to broken bones and fractures.

The Role of Wetherington Law Firm in Your Premises Liability Claim

Wetherington Law Firm plays a pivotal role in supporting and guiding victims through the complexities of premises liability claims. Here’s how our firm can assist you from start to finish:

1. Initial Consultation and Case Evaluation: We begin by offering a free, comprehensive consultation to understand the specifics of your incident. Our experienced attorneys evaluate the merits of your claim, considering the circumstances of the accident, the extent of your injuries, and the applicable Georgia laws.
2. Investigating the Incident: Our team conducts a thorough investigation to gather all necessary evidence to support your claim. This includes obtaining incident reports, medical records, and witness statements, as well as photographing the scene to document the hazardous condition that led to your injury.
3. Determining Liability: We work diligently to identify all potentially liable parties, whether it’s a property owner, lessee, or maintenance company. Understanding the nuances of premises liability law in Georgia, we assess the duty of care owed to you and establish how it was breached.
4. Handling Insurance Negotiations: Dealing with insurance companies can be overwhelming. Our attorneys handle all communication and negotiation with the insurers on your behalf, ensuring your rights are protected and striving for a settlement that fully compensates for your losses.
5. Advocating for Full Compensation: We meticulously calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more. Our goal is to secure the maximum compensation possible, whether through negotiation or, if necessary, litigation.
6. Legal Representation in Court: If a fair settlement cannot be reached, Wetherington Law Firm is prepared to represent you in court. Our skilled litigators present a compelling case on your behalf, leveraging our investigation findings and legal expertise to advocate for your rights.
7. Personalized Support and Communication: Throughout the process, we maintain open lines of communication, keeping you informed and involved. Our firm is committed to not only achieving a successful outcome but also to ensuring you feel supported and valued as a client.

Choosing Wetherington Law Firm means partnering with a team that deeply understands the impact a premises liability injury can have on your life. We’re dedicated to handling the legal burdens so you can focus on recovery, providing expert guidance and representation every step of the way. Let us help you navigate your premises liability claim with the dedication and expertise you deserve.